Well, I think you overlooked another possibility known to employment law:? your employer doesn't say you're fired, but the law treats you as fired.? Paperwork may say you resigned, for example, but evidence shows you were told resign or be fired.?? Or all of your responsibilities are taken away, you get sent to an outpost with no equipment until you quit, but then claim a constructive discharge.
Paul -----Original Message----- From: Anthony West <[EMAIL PROTECTED]> To: UnivCity@list.purple.com Sent: Tue, 12 Jun 2007 6:28 pm Subject: Re: [UC] Reality check Liz, ? Perhaps you have been self-employed so long, you don't know what it means to be "fired". I am an employee. I have been an employee for most of the last 30 years. Let me explain to you how it works. ? If Councilwoman Blackwell says one of her own employees was fired -- that employee was fired. If she says somebody else's employee was fired -- that is not official information and it is trumped by the statement of that employee's real employer. ? If Councilwoman Blackwell says I am fired, that means nothing. If the President or the Pope says I am fired, that means nothing. If you or Glenn says I am fired, that means nothing. If a straw poll of UC-list says I am fired, that means nothing. If my boss says I am fired, that means I am fired. ? AQt last Thursday's meeting, 70 witnesses heard John Fenton's boss say Fenton is on paid administrative leave. You cannot be on paid administrative leave AND fired at the same time; they are mutually contradictory conditions. Therefore, Fenton hasn't been fired. His job might be in all sorts of peril, but he is not fired. This?is a common possibility of?real life, for most real employees. ? So Fenton isn't fired, as of today. You were at that meeting and you heard Wendell restate Fenton has not been fired. So there you are. ? -- Tony West ----- Original Message ----- From: Elizabeth F Campion To: UnivCity@list.purple.com Sent: Tuesday, June 12, 2007 12:14 PM Subject: Re: [UC] Reality check I was also at the meeting. I do not remember either side making?many fact based?declarative statements. But there were lots of distractions and I may have missed a few words. ? I did not hear Lewis Wendell state either of: ??????? "John Fenton has?NOT been fired" or ??????? "John Fenton?HAS been fired". LW?read?a statement that referred to "suspension" pending?an ongoing "internal investigation". I believe most in the room hear it as some version of, "UCD hopes John resigns so that we won't have to fire him." ? Several people referred to a "Termination package" which would allow John to "resign", and "receive 6 months benefit". I do not remember LW making any comments regarding this. Such a package may be better than sending John back to work in a tainted environment, but maybe?a better paradigm for all of us could be reached. IF UCD and JF could?achieve public and private accommodations, it?could catalyses work place toxins into?useful compounds benefiting the people, institutions and neighborhoods that are?affected.? Such success could be a model for others undergoing work place traumas. ? I like Lewis Wendell, John Fenton and Councilwoman Jannie Blackwell. ? Lewis is a good neighbor. I have learned much from him, and in listening to him I have developed more informed views of our neighborhood. For me personally, he has been a voice for introspection and good. I do not know how much of this?brouhaha results from?his decisions, but I?was sorry to see the "Lord of the Flies" attacks on his character. Two wrongs do not make a right. ? Jannie is a friend and hero. She defied a Mayor and was arrested in the best of civil protests, FEEDING THE HUNGRY. Even those who did not agree with her methods were forced to think about the problem and more viable solutions. She is not perfect, no one is. But I trust her heart, resilience and stamina. ? John has been the type of guy we?want to?call family. He has been helpful, accessible, cheery, accommodating and effective. I do not know how well anyone's work would survive a rigid "investigation". In my experience, speed and effectiveness can sometimes require corner cutting and?mutual back scratching. I know I would not want my work life disrupted?by internal or external audit. And I don't like the idea that everything he has done will be put under a microscope based upon reaction to gossip and a news report which may pan out to be little more than juicy hyperbole born?of the creative whining of a PENN miscreant. ? IMHO, these three people are strong, effective, intelligent and grounded in good will. They could be powerful enemies or a magnificent force for good. I hope they work out their differences and channel their abundant energies and talents for good. ? ? Several people accused another neighbor, someone not at the meeting, of being?the Machiavelli in this mess. His thumbprint is on too many other?projects,?too lightly dismiss the accusations. But, I have no fact upon which to base my doubts and nothing concrete to contribute regarding a solution. The person, in question, makes many valuable contributions to our community and puts his time, money and labor behind his ideas. When his goals align with mine I am delighted with the good he does, when they do not align, I feel outgunned. He may be smarter, better trained, more energetic, and have more free time, stamina and resources than I. ? ? I do not know why my last message transmitted in Asian characters. I was trying to say that I did not see Kathleen at the meeting. And IMHO,?it does not seem fair that folks who were unable or unwilling to attend, should post assumptions about words that were or were not spoken.? I heard the Councilwoman state unequivocally that it was a community fair, with many components, but NOT a political rally. She stated that Knox walked around the park for about "10 minutes" and that the fair ran "All Day" and?separately gave times (which may have been "9 AM-5 PM") that indicated Knox was present for only a fraction of the days events. If such is the case, Knox's presence seems little different than his perambulation through the more upscale?"Party for the Park". My point, is that once Jannie?made?her statement, any further forays down?a?path toward termination, appear to be calling our Councilwoman a "liar".? Diplomacy and preservation of community bonds would both recommend against such name calling. ? John and Lewis are different types of people doing different types of jobs. John makes Lewis and UCD look good. Lewis cleans up nice and can take UCD's successes, including John's popularity, to the halls of power and the people with the big bucks. One is the "go to guy" who gets the streets cleaned, the other handles planning and development. Together there is success, separated we've seen 3+ weeks of nasty tension. ? Sincerely, ? Liz ? ? ? ? ? On Fri, 8 Jun 2007 10:06:03 -0400 "Anthony West" <[EMAIL PROTECTED]> writes: Glenn's report is false. John Fenton has not been fired. His employer, Lewis Wendell stated that clearly at the meeting Glenn attended. Seventy people heard him say that. ? -- Tony West ----- Original Message ----- From: Glenn To: Anthony West ; UnivCity@list.purple.com Sent: Friday, June 08, 2007 8:32 AM Subject: Re: [UC] Reality check Look at what West suggests: ? "But to bash it for steps it was virtually compelled to take ... that strikes me as unfair and stupid." ? He is?asserting?according to this wanker "manual" that he made up, that?UCD?was "compelled"?to immediately fire John Fenton and lock him out.? West, did the manual?require UCD?to lie about a 2 week suspension?? Does the wanker "manual" demand that they immediately impose a gag order on Mr. Fenton and bar him from talking to his former employees or anyone else? ? ? ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.